14131 James Dean Drive - Zeller, Kathryn2015052831 ENCR $27.00
10/08/2015 01:57:49PM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
I I I I I I I 11111111111111111111111111111111111111111111111111111111111111
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Kathryn A. Zeller
Revocable Trust, 14131 James Dean Drive, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and
:the City of Cannel, Hamilton'.County; Indiana, by and through its Board of Public Works and Safety ("City").
WITNESSETH:
.. _WHEREAS, Owner,owns.in fee simple Lot 80 ("Lot")irethe Meadows at the Legacy, Section 3 which is located within the
::corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A attached
hereto and incorporated herein by this reference; and
- --WF•IEREAS, the official plat of the Subdivision Was recorded in Plat Cabinet 5, Slide Number 280, Instrument Number
2014054240 in the Office of the Hamilton County Recorder on December 2, 2014, as the Meadows at the Legacy, Section 3 (the
"Plat"); and
• WHEREAS, the current Owner wishes to install a fence on the Lot (the "Site Improvement"); and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement on the Lot, a copy
of which is attached hereto and incorporated herein by this reference as Exhibit ft and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, Utility, and Sewer
Easement and Drainage Easement and Best Management Practice Easement, identified as "15' D.U. & S.E.", "10' D.E. & B.M.P.E."
on Exhibit B (the "Easement"); and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement, which
Encroachment is crosshatched on Exhibit B• and
' WHEREAS, City of Carmel Board of Public Works and Safety approved the Owner's request for a variance from Carmel
City Code Section 6-227(4) on
Oc.to nor 1 It -0W
ry
; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not
indicated by Owner on Exhibit B; and
WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with
the City's use of the Easement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and
covenant as follows:
1. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein.
2. The City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terns and provisions of this Agreement.
3. Owner covenants and agrees not to extend,, increase, modify, alter, landscape, reconfigure or otherwise change the Site
Improvement from what is depicted on Exhibit 13 and to maintain the Site Improvement in good condition and repair.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in
City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the
Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation
to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvement, the Lot, or to
Owner.
5. Owner agrees and acknowledges that the City's consent to encroach upon the Easement, as provided in this instrument,
regards the City's Easement interests only, and does not constitute permission or authority for the Owner to otherwise
enter on, in, under, over, or upon the property interests of any other person without that person's consent even if such
property interests are also located within the Easement.
6. Owner agrees to indemnify and hold hamiless City, its officers, officials, members, employees, invitees, licensees and
agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from
any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the
I_ot, or othervise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or
indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement.
7. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to
the Easement and any improvements located therein caused by the installation, construction, maintenance and/or
operation of the Site Improvement.
8. OWner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City a recorded
copy of same within ten (10) business days of the effective date of this Agreement. In the event this Agreement is not
timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense.
9. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs,
administrators, successors and assigns.
10. The parties executing this Agreement represent and warrant that they are authorized to enter into and execute this
Agreement for and on behalf of the party which they represent.
11. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
12. -The Owner agrees to provide -full disclosure of this Agreement to all persons, entities and others who acquire by or
through Owner any.interest in the Lot on and after the effective date of this Agreement.
13. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time.
14. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the Lot or adjacent
'properties determined by the City to be resulting from the Encroachment.
"OWNER"
KATHRYN A. ZELLER, Authorized Signer
Kathryn A. Zeller Revocable Trust
Signature
Date: el
STATE OF INDIANA
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared KATHRYN A. ZELLER, an authorized
signer for Kathryn A. Zeller Revocable Trust, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as his or her voluntary act and deed. h'1
Witness my hand and Notarial Seal this / 1 day of arOtY1 IIt 20t)
Q7µ--az±
NOTgRYPUBL IC , L
My Commission Expires:
��•�`�'1
1.7.11 Printed Name
My County of Residence: e\61I 1
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
James Brainard, Presiding Officer
Date: i0 - 7 -/5
Mary
Date:
Lori Watson, M
Date: /
ATTEST:
Cfit
iana Cordray, IAMC, WLrk-Treasurer
Date: / 0-7-15
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
Sandra M Johnson
Deputy Clerk For
Before me, a Notary Public in and for said County and State, personally appeared JAMES B AJNARD, MARY ANN
BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of Cannel Board of Public Works and
S ands r(Sz-4i($ 1. bepu ty
Safety, and Dbadd-A-L=C Fb4Y, Clerk -Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing
"Consent To Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 1 day of
My Conuniiss/ssiyion Expires:
ae( 20 15
N fAR(tUBLIC
nn Da dis
Printed Name
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Cannel, Indiana 46032.
1 affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security Number in this document,
unless required by law. Douglas C. Haney, Esquire
EXHIBIT A
LOT 80 IN THE MEADOWS AT THE LEGACY, SECTION 3 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON DECEMBER 2, 2014 IN PLAT CABINET 5, SLIDE 280, AS INSTRUMENT NUMBER 2014054240
EXHIBIT B
17I± STOEPPELWERTH
�— ALWAYS ON
7965 East 106th Street, Fishers, IN 46038-2505
phone: 317,8493935 fax 317.8493942 •
CONTRACTAONRp SHALLCUTCUT 14.7' OFF OF THE SANITARY
TO HOUSE FOLLOMMC T THAT AND CONNECT
EXISTING BASIN #9
:00 YEAR flEV,e751,87
25' 22TBAC2 LIMI ItU COMMON AREA //3
FROM T.O.B. VAR. STORM WATER B,M,P.&D.E&LMA.E
10.07
8.00'
pRoPoSED
- FENCE
2100
MODEL& MIMINGTON A •
758.50
BSMT. 749.73
LRH)
OR
D.
8
.e
5d
LOT 79
PROP. HOUSE
25
130'±
T.C. 753.45
AS BUILT''/
0300
tC.m 753.41
AS BUILT R
JAMES
DEA
DRIVE
WRY/
JOB ID MLEG3.80
CONTROL# 71509 RYL
' 14131 JAMES DEAN DRIVE
CARMEL, IN 46033
1' = 30'
LOT AREA: 9,782 Sq. Ft.
FRONT M.LA.G.-754.7
FRONT M.FP.G.-754.7
REAR M.LAC..4755,7
REAR M.F.P,G.-755.7
14.F.F.-756.2
LEGEND:
1101, I PROPOSED GRADE FFR PLAN
1%X% Bl AS SUIT GRADE
_. SSA._ SUB-SURFAC DRAIN
SANITARY SEWER
SIA 5EBER
—�—N� WATER MAT'
---W - 3/4' WATER C&4NECRON
'—SYALE
SANITARY HANKIE
(IP) STORM MANHOLE
CURB INLET
MRS HYDRANT
<Li. E461GENCY FL000 ROUTE
EMERGENCY FLOOD RCJTE AREA
LIA.4.E.
B.M.P.5.
O.*UE
B.E.
M.
M.LP.G.
M.F.F.
VAR.
O.U.c.S.E.
C.-75454 T,ca 75542
AS 017L7 AS BOAT
ALL UNDERGROUND SEWERS AN0 191111115
SHOWN ARE PLOTTED BY SCALE FROM
'RECORD ORAWNGS FURNISIEO BY £NGINEE4
LOT 80
BENCHMARK
TOP OF CASTING = 753,45
THE MEADOWS AT THE LEGACY
SECTION THREE
INST. #2014054240 500:
P.C. #5, Slide #280 SEEDING:
ZONING: PUD SEED IN EASEMENT:
CONC, DRIVEWAY:
3' MINIMUM SIDE YARD PRIVATE WALK:
6' MINIMUM BETWEEN STRUCTURE PUBUC WALK:
20' MINIMUM REAR YARDTO REM EADAITIONALASEMENT`
LANDSCAPE, MAWTFHCE
ACCESS EASEMENT
BEST MANAGEMENT PRACTICE
EASEMENT
094984GE & 011UTY EASEMENT
5URD180 UNE
DRAINAGE EASOIETIT
MINIMUM FINISHED PAD GRADE
MINIMUM L0%EST 404400(T GRADE
MINIMUM FINISHED FLOOR
VARIABLE
DRAINAGE. UTILITY & SENER
EASEMENT
mbgnq.
ei No. '\9
,80040474.,1=
STATE OF
hy le /421
168± Sq. Yd -NOTE: TEAS DRAMNC IS NOT INTENDED TO BE
4,7753 Sq. Ft. NR814150 S A RE7R� sE 1 Eaa`. 099NAL
1,4603 Sq. FL SWl1T_Y0R Ew4RG9 955097.
9953 Sq. FL
293 Sq. Ft.
2653 Sq. Ft.
3563 Sq. Yd.
SIGNATURE
DATE
SIGNATURE REPRESENTS CONFIRMATION OF RECEIPT OF PLOT PLM BY CUSTOMER
September 10, 2015
JIL]al 0 0 0 ULluIF
0 ODE
oro 0 m
mint-
CITY 0 ' ARMEL
,IAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: REQUEST FOR VARIANCE (FENCE IN EASEMENT) —14131 JAMES DEAN DRIVE, CARMEL INDIANA
46033
Dear Board Members:
Ms. Kathryn A. Zeller, on behalf of Kathryn A. Zeller Revocable Trust, owner of the property with a
common address of 14131 James Dean Drive, (Lot 80, The Meadows at the Legacy, Section 3) has
requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a fence
in a portion of the lot designated as an easement.
It is not expected that the installation of the fence at the proposed location will result in a Detriment (as
defined in City Code) to the subject property or the adjacent properties (provided the petitioner adheres
to the conditions recommended below). The Department recommends that the Board approve the
variance conditioned upon the following (as discussed with the petitioners):
1. Petitioner enters into a Consent -to -Encroach Agreement with the City and records the
Agreement.
2. Petitioner (and successors and assigns) agrees to remedy any drainage issues resulting from the
installation of the fence that, in the opinion of the City, represent a Detriment as defined in City
Code.
3. _ Petitioner must obtain approval from the HOA for installation of the fence if such approval is
required by the restrictive covenants of the development.
4. Existing grade and elevations must not be altered or modified within the drainage easement.
5. Fence shall encroach no more than 7.5' into the side 15' D.U. & S.E. to preserve the emergency
flood route through this easement.
6. Fence posts shall be placed at least 2' from the underground subsurface drain in the back 10'
D.E. to prevent damage to this infrastructure.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BPW 15\14131JAMESDEANDRREQU ESTFORVARIANCEFENCE.DOC
DEPARTAIENT OF ENGINEERING
ONE CIVIC SQUAME, CARMEL, IN 46032 OFFICE 317.571.2441 FAN 317.571.2439
EMAIL engi necringrcarmel.ingov
EXHIBIT B
, . STOEPPELWERTH
ALWAYS ON
7965 East 106t6 Street, Fishers, IN 46038-2505
phone: 317.8493935 fax: 317.8493442
CON1RACTADNRp SSHEA0LLLL CUT 14.7' OFF OF 7HE SANITARY
TO R
HOUSE FOLLOYan OT PLANPOINT AND CONNECT
EXISTING BASIN g9
100 YEAR ELEV.-751.87
73. gysAM.* LIMITED COMMON AREA j3
FROM T.O.B. VAR. STORM WATER UM.P.&0.E.&LNI.E
7
ICA D.EA9_M.P
2100
MODEL. WILMINGTON A'
F.F.ELY.-.758.00
• BRAT, 740.70
pRoPDSED
FENCE
LOT 79
PROP. HOUSE
OLT
T.C.S 753.45
AS BUILT
''
153 DOLT
AS
LBUILT B
A5 BUILT sss{{{aaa
D.ecu
85.841
"4T`
ssw 73.00
/W.
JAMES
DRIVE
TC. -754.5E
MB RT
LOT 80
JOB ID MLEG3.80
CONTROL# 71509 RYL
' 14131 JAMES DEAN DRIVE
CARMEL. IN 46033
cD
1' = 30'
LOT AREA: 9.782 Sq. Ft.
FRONT M.LA.G.-754.7
FRONT M.F.P.O.-754.7
REAR M.LAG.-75&7
REAR M.F.P.G.-755.7
M.F.F.-755.2
LEGEND:
PROPOSED GRADE PET PUN
1220
A5 BULT GRADE
— SSA. _ — SUB -SURFACE DRAM
SANITARY SEWER
STORM SEMI
WATER MAIN
W 304' WATER CONNECTION
S1TAE
LM.A.E
B.M.P.E
D.&LLE
B.L
0.9
M.F..
M.LARA.G
V
VAR.
o.LLtr iE
TC. 735.42
A5 BUILT
ALL UNDERGROUND SEWERS AND UTIURES
SHOWN ARE ROTTED BY SCALE FROM
'RECORD DRAWINGS' FURNISHED BY ENCINEOL
BENCHMARK
TOF OF CASTING = 753.45
THE MEADOWS AT THE LEGACY
SECTION THREE
INST. #2014054240 SOD:
P.C. #5, Slide #280
ISIGNA1URET
SEEDING:
ZONING: PUD SEED IN EASEMENT:
CONC. DRIVEWAY;
3' MINIMUM SIDE YARD PRIVATE WAUG
6' MINIMUM BETWEEN STRUCTURE PUBLIC WAU<:
20' MINIMUM REAR YARDTD REAR EAAOomONAL ENTI
SEM
DATE
SANITARY MANILIE
STORM MANHOLE
CURB MET
FIRE HYDRANT
.EMERGENCY 8000 ROUTE
EMERGENCY ROOD ROUTE AREA
LANDSCAPE. MAYRENCE
ACCESS EASEMENT
BEST MANAGEMENT PRACTICE
EASEMENT
DRAINAGE @ URUTY EASEMENT
BUILDING UNE
DRAINAGE 0AS0@NT
MINIMUM FINIEYFD PAD GRADE
MINIMUM LOWEST ADJACENT GRADE
MINIMUM PINISHIO R.
VARIABLE
DRAINAGE UTIUTY & SEAEF
EASEMENT
UIIRI,q
°5tVM
CE PpF
TrI
Q': No. ':V5
o
;800404741
STATEOF j9.
7��SUFVEy.•'
PPS
168* Sq. Yd.: NEE, NS ORATING IS NOT INTENDED 10 BE
4.775* Sq. Ft RPRa0I1W ASA REmRACee1T OR 0MDNAL
1,450 * Sq. FL ensutiN,_YOR Looa¶a4 RPo euevEr OR A
8952 Sq. FL
29± Sq. Ft.
265* Sq. FL
368* Sq. Yd.
SIGNATURE REPRESENTS CONFIRMATION OF RECEIPT OF PLOT PLAN BY CUSTOMER
02/27/18 053
MSaaeivx
Cd90,.'mxYmeB
September 10, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JAMES BRAINARD, MAYOR
RE: CONSENT TO ENCROACH —14131 JAMES DEAN DRIVE — FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Ms. Kathryn A. Zeller of Kathryn A. Zeller Revocable Trust,
14131 James Dean Drive, is submitted to the Board for signatures. Board approval for a variance for the
encroachment is granted by the Board of Public Works during the October 7, 2015 BPW meeting.
The Department of Engineering has reviewed and approved the encroachment document. Upon
approval and signature by the Board members the document will be recorded with the Hamilton County
Recorder's Office.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
S:\BPW 15\14131JAMESDEANDREN CROACHM ENT.DOC
DEPARTMENT OF ENGINEERING
ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317571.2441 FAX 317.571.2439
Ei TAIL engineeringgcvrme1.in.gov